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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 214   View pdf image (33K)
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214 HIGH COURT OF CHANCERY.
good inter partes, has no operation against strangers, and that
the Bank of Baltimore ia a stranger.
COLLINS and ALEXANDER, for Complainants.
GEORGE H. WILLIAMS, for Savage Manufacturing Com-
pany.
J. MASON CAMPBELL, for the Denmeads.
J. MEREDITH, for the Bank.
TEACKLE, for other Claimants.
JOSEPH WHITE AND THOMAS WHITE,
vs. SEPTEMBER TERM,1852.
THE OKISKO COMPANY ET AL.
[CHANCERY PRACTICE—PROOF OF CLAIMS.]
WHERE a creditor seeks to offer new proof of his claim in the interval be-
tween the final report of the Auditor, made under the directions of the
Court, and its ratification, though it is not matter of course, yet he will
be allowed to do so under circumstances which would not entitle him to
the privilege after the report has been ratified.
The general rule is not to open the account after final ratification, on the
application of a creditor whose claim has been first suspended and ulti-
mately rejected for want of proof to sustain it; yet there may be cases in
which it would and ought to be relaxed.
[The facts of this case are fully set forth in the opinion.]
THE CHANCELLOR:
In this case a bill was filed by the complainants, creditors
of the Okisko Company, on the 22d of June, 1849, against the
said Company, and others, likewise claiming to be their credi-
tors, praying for an injunction upon the equities stated in the
bill to restrain said creditors from proceeding separately to
enforce the payment of their respective claims, and for. a sale

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 214   View pdf image (33K)
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